Ordinance concerning the preservation of the monuments and antiquities in the country

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The ordinance concerning the preservation of the monuments and antiquities in the country ( regulation concerning the preservation of the monuments and antiquities in the country , since 1826: regulation concerning the preservation of the monuments and antiquities in the country ) of December 22, 1780 was issued by Landgrave Friedrich II. Of Hessen-Kassel was one of the first legislation to protect historical monuments in Germany.

content

The ordinance consists of the heading, a preamble , eight numbered paragraphs and the closing phrase. The preamble gives the reason why Frederick II issued the ordinance: The "monuments and antiquities" in Hessen-Kassel should be preserved as far as possible. The ordinance is thus one of the earliest monument protection legislation in Germany. The term “monuments” primarily covers architectural monuments , while the term “antiquities” covers mobile cultural monuments . The following paragraphs contain the individual regulations:

  1. During construction work on public buildings, care should be taken to ensure that historical evidence, be it part of the building, be it pieces of equipment, is not damaged, removed or made illegible.
  2. If it is unavoidable that historical evidence has to be removed temporarily or permanently during such work, then they should be preserved and finally placed back in their original or a suitable location if possible. The pastors are asked to pay special attention to historical churches on or in which changes are made.
  3. If old documents or coins are found when buildings are demolished or repairs are made in foundation stones or elsewhere, this should be precisely recorded and the protocol sent to the government.
  4. The building tradesmen are forbidden under threat of punishment to work on coats of arms or stones with inscriptions, unless this has been approved beforehand in churches with the pastor, in secular buildings by the local authorities.
  5. Historical evidence that is poorly preserved or threatened with decay should be documented as quickly as possible.
  6. If coins are found as ground memorials, the finder should show them to the next official, who then decides whether the state will take them over (“relative treasure shelf ”). If the state takes over the coins, the finder should be compensated beyond the material value. If the finder embezzles the coins, they should be confiscated without receiving compensation, but the person who reported them should receive a third of the value of the coins.
  7. Goldsmiths or silversmiths who receive medals should report them to the authorities and not melt them down.
  8. Instruction to officials and pastors to ensure that the ordinance is implemented.

The closing formula follows.

history

The model for the ordinance regarding the preservation of the monuments and antiquities in the country was largely an "invitation to tender" (circular) from Margrave Karl Alexander von Brandenburg-Ansbach of April 10, 1780, which in turn was based on a printed invitation to tender from July 4th 1771 was based.

In the publication of 1792 of the ordinance concerning the preservation of the monuments and antiquities in the country, 22 December 1779 is given in the heading, but the date of issue is 22 December 1780. That led to discussions. Dolff-Bonekämper assumes with good reason that the year 1779 is an editorial oversight, which has persisted until modern literature.

The ordinance was republished in 1838 and supplemented by an ordinance on the protection against outrage on public works of art and monuments of December 30, 1826, which also contained criminal provisions. The term “monument” - which was obviously felt to be out of date - was replaced by the term “monument” throughout the text. After the annexation of the Electorate of Hesse by the Kingdom of Prussia , the ordinance relating to the preservation of the monuments and antiquities in the state was no longer applied, but remained formally in force and only became applicable to parts of the former Electorate of Hesse through the Legal Clearing Act of the State of Hesse of 1962 repealed, which now belonged to this state .

literature

Publications

  • Collection of princely Hessian state regulations and tenders 6th part: 1760–1785. Kassel o. J. [1792], p. 1015. (The preamble of this version differs from the original tender).
  • New collection of state regulations, invitations to tender and other general decrees, which were issued by the end of October 1806 for the older parts of Kurhessen . 3rd vol .: 1749 to 1785 inclusive. Kassel 1838, p. 504.
  • Hans Hingst: Monument protection and preservation in Germany = Badische Fund reports , special issue 7. Freiburg i. Br. 1964, p. 121 [excerpt].
  • Dolff-Bonekämper (see: Secondary literature), Appendix 5a = reproduction of the publication from the collection of the Princely Hessian State Regulations .

Secondary literature

Remarks

  1. ↑ However, the title was the law until his second publication 1,792th
  2. ↑ Originals in the Marburg University Library , call number: Hessische Verordnung, Miszellenband IV, 1757–1783 and in the Marburg State Archives , call number: 16 Rep. I Kl. 29 No. 1 Vol. I 1780–1787; Reproduction in Dolff-Bonekämper, Appendix 5, pp. 336–338.

Individual evidence

  1. ↑ Dolff-Bonekämper, p. 339 and Note 121; Nold, p. 3; New collection , p. 504.
  2. ↑ Dolff-Bonekämper, p. 47, printed as a reproduction, ibid as Appendix 4, pp. 332–334.
  3. ↑ Reproduction in Dolff-Bonekämper, Appendix 3, pp. 328–330.
  4. ^ Collection of Princely Hessian State Regulations .
  5. ^ Nold, p. 3.
  6. ↑ Viebrock, para. 16.
  7. ↑ New Collection of State Regulations , Vol. 3, p. 504.
  8. ↑ Viebrock, para. 16.
  9. ↑ Dolff-Bonekämper, p. 339 and Note 121; Nold, p. 3; New collection , p. 504.
  10. ↑ Theodor Meyer: The right to antiquity and coin finds in Kurhessen . Reprint of the Hessisches Landesmuseum Kassel , undated [after 1900].
  11. ↑ Viebrock, para. 16.